Information
December 1995
Tobacco control: A Blueprint to Protect the Health of Canadians
Remarks by Health Minister Diane Marleau for Press Conference to Release the Blueprint
Today, I am proposing a new legislative framework that will strengthen and expand the federal government's strategy to reduce the demand for tobacco products by Canadians.
On September 21st, the Supreme Court of Canada struck down key parts of the existing law, the Tobacco Products Control Act. In light of this decision, the government was faced with the challenge of re-thinking and re-designing legislation to help prevent smoking and reduce the demand for tobacco, especially by young Canadians. In accepting this challenge, I am determined to put in place the strongest possible legislative package to achieve our health goals.
There is absolutely no doubt that tobacco products are hazardous to health. Smoking kills more people, by far, than any other preventable cause of disease and death. Over 40,000 Canadians die each year as a result of tobacco use, and many others suffer the debilitating effects of lung and heart ailments caused or made worse by smoking. Lung cancer due to smoking has now surpassed breast cancer as a leading cause of death among Canadian women. Despite all that's known about the risks, more girls and young women are smoking than ever before.
In its ruling, and despite finding fault with the previous federal law with respect to the Canadian Charter of Rights and Freedoms, the Supreme Court explicitly confirmed the federal government's jurisdiction in controlling the advertising and promotion of tobacco products. This government accepts its responsibility under that jurisdiction. We will not permit the marketing and sale of a product that kills so many Canadians to go unregulated.
The document that I am releasing today sets out the legislative direction the Government proposes to take on tobacco control. This document, called Tobacco Control: A Blueprint to Protect the Health of Canadians, describes a comprehensive set of measures that would establish the conditions and requirements for manufacturing, selling and marketing tobacco products in this country. The measures include:
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A complete ban on tobacco advertising. We are assembling the evidence to support the most comprehensive possible prohibition on advertising, taking into account the guidance provided by the Supreme Court Justices in their ruling, and our particular concern for protecting youth from inducements to smoke;
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Restrictions would be applied to other promotional activities, such as testimonials and endorsements by athletes or celebrities, over and above those restrictions found in the old law;
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Comprehensive ground rules on sponsorship that uses tobacco product associations, including restrictions on how such sponsorships may be promoted;
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New restrictions to further reduce the likelihood of easy access to tobacco products by minors, by eliminating self-service tobacco product displays and mail order sales;
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New restrictions on point-of-sale promotional activities, such as in-store advertising, promotion and product display;
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Additional new packaging and labelling requirements that would control package information and prohibit false and misleading claims on packaging;
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Expanded reporting requirements for tobacco manufacturers, distributers and importers; and,
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New powers to allow for the regulation of tobacco product constituents and tobacco smoke emissions.
Tobacco products are unique, and cannot simply be "shoe-horned" into legislation designed for other purposes. For that reason, we are proposing new tobacco- specific legislation encompassing the best features of other federal laws governing consumer products, such as the Hazardous Products Act and the Food and Drugs Act.
There is a compelling case for regulation as the flexible tool needed to respond quickly and effectively to changes in the marketing and use of tobacco products. The government must be able to respond to changing market conditions and tobacco industry promotional activities as they occur. We must also be able to make decisions based on the evolution of scientific and social knowledge on tobacco use. Currently, we cannot change tobacco controls unless we change the legislation. The Blueprint proposes that the manufacture, marketing and sale of tobacco products only be permitted in the manner specifically outlined in legislation, and regulations.
With the release of this document, we are seeking the views of the provinces and territories, the health community, tobacco manufacturers, the retail, advertising and packaging industries, sports and cultural groups, and concerned Canadians. Thereafter, I will propose legislation based on the Blueprint and the reactions of Canadians to it. I will move as far, and as fast, as I can to strengthen this country's tobacco control legislation. I expect to introduce legislation in the spring.
The resulting legislation, together with the research and public education components of the Tobacco Demand Reduction Strategy, will strengthen our efforts to counter the ill-effects of tobacco consumption in Canada. These tougher tobacco control measures will contribute to a healthier Canadian population.
In addition, I will be introducing in the House of Commons later this week an amendment to the Tobacco Products Control Act to affirm the health messages and toxic constituent information on tobacco packaging, with attribution as required by the Supreme Court ruling.
Tobacco products are like no other. They are highly addictive, they are hazardous and they are lethal in their consequences. We can and will protect young Canadians from inducements to use them. With this Blueprint, we are proposing a legislative and regulatory framework that will do just that.
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